The Trump administration has raced to put in place a sweeping series of restrictive immigration measures in response to the Covid-19 crisis.
Center for Migration Studies: March Policy Updates
Read full CMS policy updates and compiled articles here (March 3), here (March 10), here (March 17), here (March 24), or here (March 31) sign up to receive them in your inbox here, or preview some of the policy updates below.
March 3, 2020
“On February 28, the Ninth Circuit Court of Appeals upheld a preliminary injunction that blocks the implementation of the Trump administration’s Migrant Protection Protocols (MPP), known as the “Remain in Mexico” policy…
“On February 26, a panel of judges at the Second Circuit Court of Appeals in New York City ruled that the Trump administration can withhold law enforcement grants in order to force cities and states to cooperate with federal immigration authorities…
“On February 26, Attorney General (AG) William Barr tightened the criteria for immigrants seeking deportation relief on the grounds that they will face torture upon return to their countries of origin…
“USCIS has enacted a hiring freeze for non-asylum personnel. The freeze blocks the hiring of new employees that work to provide benefits and services to legal immigrants.
“USCIS has announced that, as of February 18, it will no longer accept applications for the H-2B temporary nonagricultural visa program for the second half of Fiscal Year 2020…”
March 10, 2020
"On March 4, the Ninth Circuit Court of Appeals clarified that it will block implementation of the Trump administration’s Migrant Protection Protocols— also known as the “Remain in Mexico” policy—in Arizona and California starting on March 12, unless the US Supreme Court weighs in sooner. The policy will remain in effect in New Mexico and Texas. On February 28, the Ninth Circuit blocked the policy’s implementation along the entire Southern border, including New Mexico and Texas, but subsequently stayed that ruling in order to give the Trump administration time to appeal the decision. Since MPP was rolled out in early 2019, US immigrant officials have returned more than 59,000 asylum seekers arriving at the Southern border to Mexico to await their asylum hearings—often in border cities with high rates of kidnapping and violent crime.
On March 5, a three-judge panel at the Ninth Circuit Court of Appeals ruled that a Trump administration policy barring most asylum seekers who transited through another country from applying for asylum at the US border does not apply to individuals who arrived at official crossings before the policy was announced in July 2019. Thousands of asylum seekers in this category have not yet been allowed to apply for asylum because of another rule that requires them to wait on a waiting list.
On February 28, the Ninth Circuit Court of Appeals upheld a 2018 injunction that rejects a Trump administration policy that blocked asylum claims from migrants that crossed the US-Mexico border at other than officially-designated ports of entry. The Ninth Circuit ruled that, under federal law, asylum seekers are eligible to claim asylum no matter where they entered the country.”
March 17, 2020
“US Citizenship and Immigration Services (USCIS) has provided a mixed message regarding how the use of public benefits for those with the coronavirus will be treated under its newly adopted “public charge” rule…
“On March 11, the Supreme Court ruled that the Trump administration may continue implementing its Migrant Protection Protocols—also known as the “Remain in Mexico Policy”—while challenges to the policy continue in lower courts…
“In early March, the Trump administration instructed federal immigration judges to fast-track the legal proceedings of thousands of immigrant children in its custody by deciding on their cases within 60 days…
“On March 13, the Department of Homeland Security published six notices that aim to expedite the construction of segments of the border fence in New Mexico, California, Texas, and Arizona. The notices waive key environmental, historical preservation, and Native American protection laws that hinder the construction of fencing and roads in certain areas of the border…”
March 24, 2020
“On March 20, the US and Mexico announced that they are closing their shared border to all nonessential travel…
“The US government has also suspended entry of all migrants to the United States without documentation, including those seeking asylum at the US-Mexico border. The US will immediately deport anyone caught crossing the border between official ports of entry, including those hoping to claim asylum…The Mexican government has agreed to accept Mexicans and Central Americans deportees under this policy…
“On March 18, Immigration and Customs Enforcement (ICE) announced that it will scale back its immigration enforcement operations…
“…the Executive Office for Immigration Review (EOIR) announced that it is shutting down 10 immigration courts…
“On March 17, USCIS announced that it was suspending in-person services and naturalization ceremonies until at least April 1…
“In order to limit the spread of the coronavirus, ICE also announced that it is temporarily rescheduling in-person check-ins for immigrants who are not in detention…”
March 31, 2020
“On March 28, Dolly Gee, a federal judge in a United States District Court in Los Angeles, issued a temporary restraining order mandating that the government “make continuous efforts” to release thousands of migrant children from federal detention facilities…
“On March 27, the Ninth Circuit Court of Appeals in San Francisco ruled that detained asylum seekers with a credible fear of persecution in their home countries have a due process right to a bond hearing in front of an immigration judge.”
Center for Migration Studies: February Policy Updates
Read full CMS policy updates and compiled articles here (Feb. 4) , here (Feb. 11), or here (Feb. 25), sign up to receive them in your inbox here, or preview some of the policy updates below.
February 4, 2020
“On January 31, the Trump administration announced new travel restrictions on six countries, which it alleges have failed to meet US information-sharing and security standards. This new policy bars most citizens of Nigeria, Eritrea, Myanmar, and Kyrgyzstan from obtaining immigrant visas…Citizens of Tanzania and Sudan will be blocked from participating in the diversity visa program…
“United States Citizenship and Immigration Services (USCIS) has announced that it will begin implementing its controversial “public charge” rule on February 24, 2020…
“On January 31, the Board of Immigration Appeals ruled to endorse the practice of issuing deportation orders for immigrants who missed their immigration court hearings after being returned to Mexico from the United States under the Migrant Protection Protocols (MPP)…
February 11, 2020
“On February 4, the Los Angeles City Council approved a “stopgap measure” that blocks private detention centers from opening in the city, including facilities for immigrant youth in government custody…
“On February 5, the Tenth Circuit Court of Appeals struck down a law that makes it difficult for people accused of illegally entering the United States after deportation to contest their convictions when they were deported under the ‘expedited removal program.’”
February 25, 2020
“Over the last several weeks, the Trump administration has ratcheted up pressure on a number of US states, cities, and counties with “sanctuary” policies that hinder federal immigration enforcement.
“On February 10, the Trump administration announced that it would be suing the state of New Jersey over a 2018 policy known as the “Immigrant Trust Directive.” The directive bars state and local police officers from asking individuals about their immigration status, blocks police officers from arresting or detaining individuals solely on the basis of their immigration status, bars police officers from aiding ICE efforts, and blocks them from letting ICE interview persons arrested on criminal charges without first advising them of their right to a lawyer…
“On February 14, Customs and Border Protection (CBP) announced that it is deploying members of an elite unit—the Border Patrol Tactical Unit, or BORTAC—from the border to “sanctuary” cities across the country…
“In late January, the administration sued the state of California over a new law that bans the state from entering into new contracts with for-profit prison companies…
“On February 19, Judge David Bury, a federal judge in Tucson, Arizona, issued a permanent injunction barring the Border Patrol from holding most migrants for more than 48 hours after their initial booking. It also directs CBP to provide a bed, blanket, potable water and food, showers, and a medical assessment to migrants held over 48 hours; and a mat, blanket, and cleaning wipes to migrants detained for more than 12 hours. Moreover, it forbids Border Patrol officials from allowing migrants to sleep in facility bathrooms. Bury ruled that temporary Border Patrol holding facilities for detained migrants—sometimes known as ‘hieleras’ or ‘iceboxes’—are ‘presumptively punitive and violate the constitution.’
“On February 24, the State Department and USCIS began to implement the administration’s new “public charge” rule, which makes it easier for the government to deny admission or green cards to working class immigrants.”
Center for Migration Studies: January Policy Updates
Read full CMS policy updates and article compilations here (Jan. 7), here (Jan. 14), and here (Jan. 28), sign up to receive it in your inbox here, or preview some of the policy updates below.
January 7, 2020
“In early December, the US District Court for the Central District of California certified four classes of detained immigrants who allege that the GEO Group, the country’s largest private prison company, forced them to participate in work programs…At least five similar lawsuits are pending against private prisons nationwide…
“On January 2, DHS announced that it will begin processing asylum seekers under the Migrant Protection Protocols (MPP) program — commonly known as “Remain in Mexico” — at the Nogales Port of Entry south of Tucson, Arizona…
“On December 27, DHS published a regulatory document in which it agreed to share certain records with the Census Bureau with the goal of producing detailed estimates of the numbers of citizens and non-citizens in the United States…
“Six organizations that provide legal services to immigrants have filed a federal lawsuit alleging that the Trump administration has implemented policies that rush asylum proceedings, leaving asylum seekers with inadequate time to secure representation and to prepare for their hearings.
“Recent media reports indicate that, as early as October, ICE began asking immigration courts nationwide to reopen administratively closed deportation cases against recipients of Deferred Action for Childhood Arrivals (DACA) who have no criminal records or minimal records…
“On December 20, President Trump signed the National Defense Authorization Act for FY 2020. The act includes a provision that establishes a path to citizenship for Liberian nationals who have been continuously present in the United States since November 20, 2014 under the Deferred Enforced Departure (DED) program…
“The Trump administration has extended Temporary Protected Status (TPS) for certain nationals of Yemen through September 3, 2021…
“On December 12, Judge Clark Waddoups, a senior district judge at the US District Court in Utah, ordered the US government to extend birthright citizenship to persons born in American Samoa, a US territory…”
January 14, 2020
"Texas is the first state to reject resettlement under a September executive order mandating that refugees only be resettled in states and localities that offer advance written consent…
“On January 8, the US Circuit Court of Appeals for the Second Circuit upheld a nationwide injunction that blocks that Trump administration from enforcing its “public charge” rule…
“On January 9, the 5th Circuit Court of Appeals issued a ruling that will permit the Trump administration to move forward with its plan to use $3.6 billion in military construction funds to extend the US-Mexico border fence…
“On January 6, the Trump administration began to implement a pilot program that authorizes US Customs and Border Protection (CBP) personnel to collect DNA samples from certain immigrants in US custody…
“As of mid-December, Immigration and Customs Enforcement (ICE) agency lawyers in much of New England are required to justify the detention of non-citizens in bond hearings at immigration courts…”
January 28, 2020
“On January 23, the US Department of State published a new rule aimed at discouraging pregnant women from visiting the United States…
“On January 27, the Supreme Court ruled to lift a lower court’s injunction that had blocked the Trump administration from implementing its new “public charge” rule…The Supreme Court’s ruling allows the Trump administration to enforce the rule while litigation continues…
“On January 15, United States District Judge Peter Messitte of Maryland issued a temporary injunction blocking a September executive order that required states and localities to provide advance written consent before refugees are resettled within their jurisdictions…
“On January 14, US District Judge Dana Sabraw of San Diego issued a pair of rulings strengthening some asylum seekers’ access to counsel in southern California…
“On January 13, Federal Judge Dana Sabraw ruled in favor of the Trump administration in a case challenging the legality of ongoing family separations at the United States-Mexico border…His ruling upholds the discretion of immigration officials in deciding if family separation is necessary…”
Shattered Refuge: A U.S. Senate Investigation into the Trump Administration's Gutting of Asylum
In November, the Office of Senator Jeff Merkley published a report on Trump administration efforts to undermine asylum law and prevent asylum seekers from pursuing the legal process, as well as the consequences of these efforts. The report also makes recommendations for further investigation and policy change.
Take Action: Support the Reuniting Families Act
What is H.R. 3799: Reuniting Families Act? What changes does it make to existing immigration law? Why is it important? This article breaks down the bill’s proposed changes to the Immigration and Nationality Act, including increases to visa caps, reclassification of certain immigrants, and reduction of harsh punishments, and how these changes would promote family reunification and uphold the right to migrate.
Incarcerating Children: A Personal Reflection
Incarcerating Children: A Personal Reflection
Written by Kathy Peterson
In March, I joined the now 100-day-long witness at the immigrant children's prison camp located in Homestead, Florida. There were roughly 2,200 kids there from ages 13-17 and new busloads arrived most nights. The government is aiming to reach full capacity: 3,200 incarcerated children. Recent family separation and child detention efforts were aimed at dissuading asylum seekers from coming to the US. Like the decades of other prevention through deterrence policies, this policy failed completely. However, well-connected former government members have realized that there is tremendous money to be made in this scheme.
Although a Federal Judged ordered child separation to end on June 26, 2018, it continues. Any child who arrives with someone who is not a proven parent is considered unaccompanied and sent to the prison camp. Any parent who has previously tried to enter the US is immediately charged with the crime of illegal re-entry, and the family will be separated and imprisoned. Any parent with an arrest record in their native country will have their child taken and be jailed. This includes charges related to defending oneself in domestic violence circumstances. The number of detained immigrant children climbs everyday even though there are families and sponsors wanting to be reunited with their children.
As more children have been detained (from about 2,700 when Trump took office to more than 15,000 by December 2018), there has emerged a closed loop of profit and power that has allowed a small number of corporate actors to reap enormous gains, which are then funneled in part into campaign contributions, which in turn ensure the creation and maintenance of policies to protect and promote their personal financial benefit. The for-profit companies running these prison camps have no incentive to release children. Right now, there are about 11,000 separated children being held in 100 sites.
At Homestead, the largest prison of any kind in the US, they are being paid $750 a day per child. At a capacity of 3,200 children, that is $2.4 million a day of tax payer money being funneled into the for-profit DC Capital Partners Corp, the company that owns Comprehensive Health Services (CHH), which operates the Homestead Camp. The 10-member board of DC Partners includes former top national security, diplomatic, and military officials. One member, John Kelly, is the former Trump Chief of Staff and Secretary of Homeland Security. He helped craft the policies that caused these detentions and now he is making money off those very policies.
CHH has just been awarded a no bid $341 million contract to run Homestead beyond October. This has outraged some members of Congress who are calling for an investigation. CHH is not licensed to care for children in Florida. In addition, CHH has paid a $3 million medical fraud settlement in Florida for double-billing while providing medical screenings for IRS agents. In May, General Dynamics (GD) got a $1.6 million contract to provide training and technical assistance at Homestead. GD has faced $280.3 million in penalties for 23 misconduct cases since 1995. When the kids turn 18, they are handcuffed, shackled, and transferred to a GEO-owned facility, the infamous Broward adult prison. GEO has made major campaign contributions to Donald Trump and hired a lobbyist who worked on behalf of Trump’s Florida golf courses. It is clear that our criminally corrupt system of making war on brown migrants is enriching a small few who have found criminalization to be a very lucrative path to obscene profits.
Take Action
Follow the movement to end immigrant child prisons on Facebook: Witness Tornillo: Target Homestead. There are daily actions announced on the page that you can take to help end this atrocity.
Go to Homestead to join the Witness. Call Kathy Peterson 314-781-5740 for information.
Invite a speaker come to your group and/or include and article in your newsletter/bulletin/publication. Call Kathy Peterson 314-781-5740 for information.
Donate! Consider the following:
Send a contribution to the ACLU or the Southern Poverty Law Center to fight illegal Trump Administration immigration policies.
Support the Detained Migrant Solidarity Committee at Fianzafund.org to post bond to reunite families. Donations to the Fianzafund.org are tax deductible through their fiscal sponsor, the Alliance for Global Justice.
Speak up about the atrocity of child prison camps every day until they no longer exist.
About the Author:
Kathy Peterson and her husband, Dan Mosby, have been involved with IFCLA for more than 30 years. They participated in the Witness at the now closed Tornillo, Texas, child concentration camp, joined in a week of lobbying the U.S. congress to end the mass incarceration of immigrant children, and have recently returned from Witnessing at the Homestead, Florida, concentration camp.
Entering the US: Visas, Caps and Chain Migration
Ever wonder how many people can enter the US each year? Is there a limit? Based on what? What pathways exist to immigrate to the US? The answers to these questions often depend on an individual's relationships, country of origin, economic class, and even age. This article gives a break down on the amount of time it takes for people to enter the US, and how many people turn to migration to reunite with families. Plus, see what you can do to help create safe migration that honors the dignity of all.
End the 287(g) Programs
How do local law enforcement agencies interact with people who are undocumented? What is the role of law enforcement in our communities? This article breaks down harmful the 287(g) programs that empower local law enforcement to act as federal immigration authorities: checking status, detaining individuals, and limiting the trust people have in police. Learn how these programs violate Constitutional protections and threaten our communities, and see what you can do to help.
Co-Responsibility: the Berta Cáceres Human Rights in Honduras Act H.R. 1299
Berta Cáceres was an activist, leader, environmental rights advocate, and a voice for human rights all over Central America, but heavily focused on Honduras. She was a cofounder of the National Council of Popular and Indigenous Organizations of Honduras, which was designed to address threats to indigenous communities, and help them fight for their land rights and improve their quality of life. She was an advocate for equal representation, anti-violence, and land rights for the indigenous and native people of Honduras.
The Center of Everything: Encounter at the US-Mexico Border
Where is the “center” of immigration issues in the United States today? Is it there, in Arivaca, on that shrubby plain, surrounded by the discarded items of migrants en route? Is it at Paso del Norte, under the bridge that connects El Paso to Juarez, where thousands of migrants huddle together, freezing and hungry? Is it in the White House, where the administration routinely dehumanizes and criminalizes migrants?
Deterring Our Neighbors
Within this Administration, there have been multiple bills that seek to deter people from immigrating to the U.S., but deterrence tactics are not new: U.S. border and immigration policies and laws have utilized deterrence for decades, including policies such as Operation Gatekeeper from the Clinton Administration, Operation Guardian Support from the Trump Administration, as well as other deterrence policies and tactics specifically surrounding the deserts in Texas, Arizona, and New Mexico. The deterrence policies and tactics maintained and expanded by the current administration systemically deny the dignity of migrants and in many cases have led to irreversible consequences. We must come together to bring about compassion and respect for those who have sacrificed so much to find a better life.
Support the Berta Cáceres Human Rights in Honduras Act
The Berta Cáceres Human Rights in Honduras Act (HR1945), demanding a suspension of all U.S. security aid to Honduras, was recently re-introduced by Rep. Hank Johnson's (GA) office with a total of 43 initial cosponsors!
Regulations on Export of US Weapons
Administration Eases Regulations on Gun Exports
America's guns: Made in the US, killing in Mexico
Urge Congress to Stop Arming Human Rights Abusers
Compilation summary of above articles: The Trump administration is looking to shrink regulations on the export of US weapons abroad by shifting responsibility from the State Department to the Department of Commerce. Many fear this will further promote human rights violations in Mexico and places like it, as previously seen with US weapons in Ayotzinapa and Nuevo Laredo. Alianza Americas is calling on US citizens to inform their elected representatives of their discontent with this proposed shift in responsibility and ask them to support limits of US gun exports to Mexico.
Trump's New Ally in Mexico
“Mr. López Obrador’s administration, which came into office saying it would not cooperate with Mr. Trump’s anti-immigration agenda, has gone along with it on several fronts, including accepting women and children despite earlier promises to take only adult male asylum seekers." This article explores the ways in which the Mexican president, called "AMLO" for his initials, is collaborating with and furthering the reach of Trump's policies on migrants.
Trump's Dangerous Scapegoating of Immigrants
On February 5, President Donald Trump delivered his second State of the Union address. Journalist Eric Lach writes that, over the last two years, the president has learned to dress up anti-immigrant rhetoric in the bureaucratic language of federal policy. However, during his remarks, the president “offered unfiltered immigrant scapegoating” blaming immigrants for almost “all the sins” of the United States. The president claimed that “working-class Americans are left to pay the price for mass illegal immigration” including the problems of “reduced jobs, lower wages, overburdened schools and hospitals, increased crime, and a depleted social safety net.”
Interfaith Letter Opposing DHS' Harmful "Remain in Mexico" Policy
IFCLA is honored to be a signer organization of this letter in opposition to the Department of Homeland Security’s Harmful “Remain in Mexico” Policy. Thank you to our national partners at CLINIC, Interfaith Immigration Coalition, and Church World Service for organizing this opportunity.
Background
The administration continues its attacks on vulnerable asylum seekers arriving at our southern border. It's latest plan, the Remain in Mexico Policy, requires asylum seekers to wait in Mexico while their asylum cases are pending in the U.S. immigration courts. This policy exposes asylum seekers to great risk of harm, curtails their access to counsel, and does not present a solution to the root causes of Central American migration flows.
Loss of TPS and Economic Impact
When the Trump administration terminated Temporary Protected Status (TPS) for hundreds of thousands of migrants from El Salvador, Honduras, and Haiti (among other nations), it placed TPS holders at risk of being deported and separated from their families in the United States. It also set the stage for disruptions in the workforces of several states where the economic contributions of TPS recipients are significant. This article discusses those economic impacts.
Trump’s New Wall to Keep Out the Disabled
This article explores the disenfranchisement of disabled immigrants under the proposed public charge regulation. Due to the fact that private insurers don't cover meal preparation, household care and help with bathing, eating or dressing, most disabled people receive these services through Medicaid. Under the proposed regulation, the use of Medicaid would jeopardize an immigrant's legal status.
Court Blocks Citizenship Question on U.S. Census
A federal judge in New York has blocked the Commerce Department from asking respondents of the 2020 Census if they are U.S. citizens. In addition to providing vital information regarding population size and income, census data is utilized in the apportionment of seats in the House of Representatives and disbursement of federal funds. Including a question of this nature may induce fear and discourage participation of noncitizens which could lead to the exclusion of millions of U.S. residents from the process.